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Appeal from Contempt Too Late
Time for filing notice of appeal starts when judgment is final, which is when enforcement occurs for contempt order. When order directs payment of fine, execution on fine constitutes enforcement. Notice of appeal filed too late after that date vests no jurisdiction in Court of Appeals.
Relaxation, Inc. vs. RIS, Inc.
Missouri Court of Appeals, Western District – WD76792
Anticipatory Breach Shown
Contractors established through opposing pleadings and otherwise existence and breach of contract. Barring contractor from completing work constitutes an anticipatory breach of contract and excuses contractor from completion. Contractors established offers to cure without genuine dispute; property owners’ confidence in contractor does not constitute genuine dispute.
CONSOLIDATED SERVICE GROUP, LLC, Plaintiff-Respondent, MARC BENZ, Plaintiff-by-assignee-Respondent, vs. JACK MAXEY and RUTH MAXEY, Defendants/Third-Party Plaintiffs-Appellants, vs. MARC BENZ, and TAMKO BUILDING PROJECTS, INC., Third-Party Defendants.
Missouri Court of Appeals, Southern District – SD33061
Failure to Register Discussed
Elements of failure to register as a sex offender include knowing mental state, which stipulation on which parties submitted the action did not show. Conviction reversed.
STATE OF MISSOURI, Respondent vs. WILLIAM WILDER, Appellant
Missouri Court of Appeals, Southern District – SD33140
Good Cause Needed Support in Medical Testimony
Good cause for voluntarily leaving employment includes health issues, but health issues are not generally within lay understanding. Sudden onset doctrine applies only to sudden causes within common understanding. Labor and Industrial Relations Commission did not err in finding claimant had not met his burden of proving that lighting at work caused him headaches based solely on his testimony as weighed against testimony of lighting engineers.
James R. Martin vs. Division of Employment Security
Missouri Court of Appeals, Western District – WD77207
Custody Judgment Was Void
Statutes provide that only courts of home state, as defined, have authority to determine custody. Home state was not Missouri, so Missouri judgment was subject to collateral attack by action in foreign home state. Reliance on Missouri judgment did not constitute a meritorious defense to support setting aside judgment registering foreign judgment establishing custody.
Fallon R. Nestle, Respondent, vs. Brandon E. Johns, Appellant.
Missouri Court of Appeals, Eastern District – ED100902
Earlier Judgment Prevails
Constitution vests circuit courts with jurisdiction in all civil matters, and statutes provide circuit courts with authority to provide same remedy in more than one action. Judgment entered in conflict with existing and effective judgment is error. As to child, earlier judgment in dissolution action gave decision-making authority to both parents. That judgment remained in effect because statutes provided that child was not emancipated. Later judgment in guardianship action gave sole decision-making authority to one parent. Guardianship judgment remanded for further proceedings.
In the Matter of: S.J.M.
Missouri Court of Appeals, Eastern District – ED101082
Habeas Corpus Denied
Rule bars lower court from issuing writ of habeas corpus when a higher court has already denied it, but only when denial is with prejudice, which occurs only when expressly stated. Corpus delecti is evidence that a crime occurred, not necessarily that defendant committed it, upon which defendant’s extra-judicial statements become admissible. In petition for writ of habeas corpus, evidence supporting allegations was available at time of trial, but petitioner established no external reason for default on that matter, so established no cause and prejudice gateway to review of defaulted matter. Allegations were consistent with an alternative cause of death suggested by the evidence, so they did not describe actual innocence for gateway or freestanding claim. Material that does not exist, publications available to all parties, and evidence disclosed at trial does not support a Brady claim. Claimed violation of Thirteenth Amendment does not describe any separate grounds for habeas relief.
Jessie McKim vs. Jay Cassady, Warden, JCCC
Missouri Court of Appeals, Western District – WD77803
Causation Is a Finding of Fact
Labor and Industrial Relations Commission determines weight of evidence, especially as to medical causation, so Commission’s ruling need not stand on any precisely matching opinion. Commission may determine that expert testimony is true in part. Record supported a finding that claimant’s pre-existing and work-related disabilities combined to make claimant unemployable.
Shelby Patterson, Respondent, vs. Central Freight Lines, Respondent, and Treasurer of the State of Missouri, as Custodian of the Second Injury Fund, Appellant.
Missouri Court of Appeals, Eastern District – ED101451